| Description |
1 online resource (xvii, 573 pages). |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Tort and insurance law,
1616-8623 ;
volume 32
|
|
Tort and insurance law ; v. 32.
1616-8623
|
| Note |
International conference proceedings. |
| Contents |
Medical Malpractice and Compensation in Global Perspective: Introduction; I. Issues Addressed; A. Overall Scheme; B. Details of the Applicable Liability and Compensation Systems; C. Empirical Data; D. Attitudes, Concerns, and Prospects; II. Aims; Medical Malpractice in Austria; Introduction; I. The Insurance Framework; A. Social Insurance in Austria; B. The Role of Private Insurance; 1. First-Party Insurance; 2. Liability Insurance; II. The Regulatory Framework; A. Professional Law; B. Criminal Law; C. Contract Law; D. Tortious and Contractual Liability. |
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1. Tortious and Contractual Liability Not Mutually Exclusive2. Tort Law in General; 3. Damage; 4. Causation; 5. Wrongfulness and Fault; 6. Multiple Persons Involved; 7. Informed Consent; 8. Remedies; III. Compensation claims in practice; A. General Remarks; B. Patient Advocacies; C. Conciliation Bodies; D. Compensation Funds; E. Outlook; A Bridge over troubled Waters: The Development of Medical Malpractice Litigation in Brazil; Introduction; I. The Brazilian Legal System; II. The Structure of the Brazilian Legal System; III. The influence of the Consumer's Defense Code. |
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A. Informed Consent, the Duty to Inform, and Informed ChoiceB. Moral Damages and the Inversion of the Burden of Proof As Patient's Basic Rights; IV. The Changes Brought by the New Civil Code; Conclusion; Canadian Medical Malpractice Law in 2011: Missing the Mark on Patient Safety; Introduction; I. The Canadian Malpractice Context; rvice Delivery, Regulation and Liability Insurance; II. State and Quality of the Canadian Health Care System; A. Medical Malpractice in the Domain of Privately Financed Care; III. Redressing Adverse Events through the Courts. |
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A. Canadian Medical Malpractice Liability in ContextB. Empirical Trends on Medical Liability Claims; C. Black Letter of Canadian Tort Law; 1. Battery by Physicians; 2. Negligence by Physicians; 3. Hospital Liability; 4. Government Liability; 5. Damages; 6. Ongoing Issues and Avenues of Reform; IV. Preventing Adverse Events: Professional and System Reform; A. Reforms at the Level of the Professions; 1. Alternative Complaint Mechanisms; 2. Revalidation/Recertification; 3. Apology Legislation; B. Systemic Reforms; 1. Accreditation of Facilities; 2. Canadian Patient Safety Institute. |
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3. Improved Information Gathering and DisseminationConclusion; Yangge Dance: the Rhythm of Liability for Medical Malpractice in the People's Republic of China; Introduction; I. The Wider Healthcare Context; II. The Early P.R. China: Medical Services as Social Welfare (1949-1987); III. The Administrative Liability Regime; A. The Medical Accident Rules 1987; 1. Context; 2. Main Features of the Administrative Liability Regime, 1987-2002; B. The Medical Accident Regulations 2002; 1. Context; 2. Main Features of the Administrative Liability Regime, 2002 onwards; IV. The Tort Liability Regime. |
| Summary |
Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context. Drawing from a wide range of legal systems this study seeks to uncover the underlying similarities and contrasts between the many different approaches taken to the problems of medical malpractice and compensation for medical injuries. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Medical personnel -- Malpractice.
|
|
Medical personnel -- Malpractice. |
| Genre/Form |
Electronic books.
|
|
Conference papers and proceedings.
|
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Conference papers and proceedings.
|
| Added Author |
Oliphant, Ken, editor.
|
|
Wright, Richard W., editor.
|
| Other Form: |
Print version: Medical malpractice and compensation in a global perspective 9783110269970 (OCoLC)861604023 |
| ISBN |
9783110270235 (electronic book) |
|
3110270234 (electronic book) |
|
9783110269970 |
|
311026997X |
|
